State v. Henderson’s Empirical Analysis

Citation profile

31 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [T]he hearsay evidence is crucial to proving the State’s case, i.e., the evidence is offered to prove an essential element of the crime or it connects the defendant directly to the commission of the crime; (2) there is no proof that the witness is unavailable, i.e., the State must make a good faith effort to secure the presence of the person whose statement is to be offered against the defendant; and (3) the hearsay evidence is lacking its own indicia of reliability.”

   5 later decisions quote this exact passage
   e.g. State v. Sharp · State v. Kennedy

2. ““Yet it must also be noted that the records in this case, while they may satisfy the technical requirements of [the Tennessee business records as evidence statute], do not fit the classic business records mold, i.e. ‘shop books’ or hospital records. Entries in such records are considered reliable because they are made in the course of business and are routinely relied upon by others in carrying on the affairs of the business. In the case of hospital records, medical personnel make life and death decisions as a result of reports and record entries. Such documents are true ‘business records,’ and their trustworthiness stems from the fact that they are ‘prepared for other use and only incidentally found pertinent to litigation.’ ” [ 554 S.W.2d at 120 (quoting lower court’s opinion).]”

   1 later decision quote this exact passage
   e.g. Moon v. State

3. “The certificate provided for in this section shall, when duly attested by the chief medical examiner or his duly appointed representative, be admissible in any court, in any criminal proceeding, as evidence of the facts therein stated, and of the results of such test if the person taking or causing to be taken the specimen and the person performing the test of such specimen shall be available, if subpoenaed as witnesses, upon demand by either party to the cause, or, when unable to appear as witnesses, shall submit a deposition upon demand by either party to the cause.”

   1 later decision quote this exact passage
   e.g. State v. Hughes